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MST. JAMEELA BEGUM versus ADDITIONAL DISTRICT JUDGE

Sections 5 and 17 of the Limitation Act (IX of 1908), Section 14, Arts 103, 104 and 120 Civil Procedure Code (VV 1908), O XXIII, Rr 1 and 2 of the Special Relief Act (I of 1877), Section 42 of the Constitution of Pakistan ( 1973), the writ petition filed for Article 199 Institutional Petition filed in the civil court for the declaration of title to the property found in Dewar, with the exception of the jurisdiction to withdraw from the jurisdiction. Was listed in the suit. The defendant resisted and objected to the jurisdiction of the court along with other objections The trial court dismissed the case and the appeal also failed, petitioner allowed fresh case to be filed in the High Court review proceedings. Withdrew the suit, petitioner filed a new lawsuit. The Family Court suit was decided by the Family Court and the provision of Section 14 of the Limitation Act was not applicable. Earlier, the case was withdrawn under Order XXIII, Rule 1, CPC Order XXIII. R2 was not applicable to the cases filed under the West Pakistan Family Courts Act 1964 as Section 17 of the West Pakistan Family Courts Act Even the words used in Order XXIII, Rule 2, CPC Applicability, the Rule / Law Limit used include section and Article in the previous litigation under Section 14 of the Limitation. Period has been excluded. Had raised objections to the jurisdiction and reversed Articles 103 and 104 of the Limitation Act and filed a fresh case before the Family Court affirms the rights of applicants to be naturally restrained. criminal advocate from Bhera lawyer